The Washington legislature is considering a change to Washington law which would allow a second deferred prosecution for any client who completed a deferred prosecution on their first DUI. Currently, a person is limited to one deferred prosecution for DUI in their lifetime. The intent of the law would be to encourage a deferred prosecution in cases where the client has a severe substance abuse disorder and opts into intensive treatment. This would also eliminate the incentive to "save it" for a second DUI. Of course, this would not be an option for most clients with a first DUI because they typically do not have an abuse disorder. However, for those with a severe abuse disorder, a person who petitioned for a deferred prosecution for their first DUI would have one last opportunity to avoid jail and enter treatment on a second DUI. Jason and Geoff have been involved in the legislative process and are closely monitoring this bill for the Washington Association of Criminal Defense Lawyers.
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